Former Enron CEO Jeffrey Skilling, whose 2006 convictions were upheld by a three-judge appelate panel earlier this month, is appealing that decision to the full Fifth Circuit Court of Appeals.
It will be up to the court to decide whether to hold an "en banc" hearing before all 22 judges on the court. If it declines, or if it upholds the panel's decision, Skilling could still appeal the case to the Supreme Court.
In documents filed today, Skilling's attorneys argue the panel's decision conflicts with other rulings from the court on the issue of "honest services" fraud. Skilling's appeal claimed that because he believed he was acting in the interests of the company, he could not be guilty of depriving Enron shareholders of his honest services as CEO.
Today's filing also questions the panel's finding that Skilling got a fair trial even though the Houston jury was prejudiced. In a separate filing, Skilling asks the three-judge panel to reconsider its ruling and re-hear the case, but that is considered unlikely.
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